Urbana dentist Mack Wright was sentenced to three years community control on drug charges in Champaign County Common Pleas Court Wednesday.
Judge Roger Wilson also imposed a fine of $900 and ordered Wright to complete 100 hours of community service within 120 days, but asked that the probation department avoid using volunteer dental clinics, as Wright already contributes his services to such endeavors in the Columbus area.
"This should be more to bring you into contact with people with severe substance abuse problems and their victims, so it will be reinforcement in your bid to stay sober," Wilson said.
He also imposed a requirement for Wright to continue substance abuse counseling subject to random drug screens.
Wright, 39, was indicted in October of 2009 on a total of 22 felony counts after an investigation by the Urbana Police Division. On Dec. 18, 2009, he pleaded guilty to three counts of trafficking in drugs and one count of possession of cocaine.
"Mr. Wright has been on the radar of local law enforcement authorities for several years," said Prosecutor Nick Selvaggio. "In the course of prior drug cases, we've had defense attorneys ask us why we were 'protecting' individuals in the community. Mr. Wright was one of those individuals. The prosecutor's office doesn't protect anybody. If we have sufficient evidence, we'll proceed with a case."
On April 6, 2009, Urbana police officers executed a search warrant at Wright's office at 1028 E. U.S. Route 36, Urbana, and seized 30 patient files, which were reviewed by a forensic examiner.
"The UPD determined three individuals were involved in taking a script (for extra-strength Vicodin), presenting it to a pharmacy and returning it (to Wright)," Selvaggio said, describing the individuals as "socially connected" to Wright through family or friendship. "In a separate cocaine trafficking investigation, one of the dealers arrested indicated he had sold to the defendant in late 2008."
That individual, Richard Earl Russell II, pleaded guilty June 16 to two counts trafficking in cocaine, one count possession of cocaine and one count possession marijuana and was sentenced Aug. 3 to three years community control, fined $200 and ordered to complete 140 hours of community service.
Selvaggio noted that Wright's staff suspected he was using recreational drugs and alcohol. The Ohio State Dental Board began an independent investigation a month prior to the UPD search warrant after an anonymous complaint from a patient that alleged Wright was intoxicated at his office, Selvaggio said.
"He said he did it to achieve the mood he desired," Selvaggio said. "His staff believed his difficulty in dealing with his own personal demons all derived from alcohol... His use (of drugs) supplemented his alcohol dependence. It was unlawful and he's willing to accept responsibility."
Selvaggio said mitigating factors that weighed against the presumption for prison included Wright's completion of a 28-day inpatient rehab program, participation in counseling and Alcoholics Anonymous.
"He has the attitude and desire to help himself," Selvaggio said.
The plea agreement also noted that Wright was subject to disciplinary action by the Ohio State Dental Board, which took action to suspend his license in March 2009 based on "inability to practice under accepted standards of the profession because of physical or mental disability, dependence on alcohol or other drugs, or excessive use of alcohol or other drugs," then reinstated him to work full time in September subject to probationary terms for a period of five years.
"In fairness to the defendant, with regard to trafficking, we're not alleging the defendant sold drugs, even though that's a common assumption," Selvaggio added. "It forms the basis of why the state is not asking prison be imposed. What we're saying is here is that with regard to the Vicodin, he issued prescriptions for a non-legitimate purpose and patients gave the narcotics back to the defendant."
"It's true the defendant did not steal from anybody or victimize anyone in the general sense of the word (but) the state wants to make sure the defendant is not portrayed as a victim of his own circumstances," Selvaggio said. "We agree the defendant has lost his professional reputation, probably the trust of his patients and probably in some respects the respect of his staff members. Initially he lied to his staff about what he was doing, abused his professional license for self-gain and put his staff at risk. He caused close family and friends to commit felony violations of the law even though they weren't the ones to benefit."
As part of the plea agreement, the prosecution agreed to recommend community control and not pursue forfeiture of Wright's dental office property, where the activity occurred.
Defense attorney Brad Koffer said Wright hopes to work through his troubles and earn the forgiveness of his patients and the community for "succumbing to the siren call of addictive substances for selfish and self-medicating needs."
"Clearly, the very real threat of loss of liberty, tarnished professional reputation and loss of his dental license has served a purpose," Koffer said. "He has a stubborn resilience in the face of adversity. In one of the most difficult years of his life, he remains busy treating at his practice, treating his patients."
Koffer said Wright holds no ill will to the individuals who tipped law enforcement about his drug use, or the investigators in the case.
"The person who made the call to the Ohio State Dental Board may very well have saved Mack's life and/or his practice," Koffer said. "They did the right thing."
Wright also read from a prepared statement of apology during the hearing.
"Today I fully admit and do not deny, I am an alcoholic in recovery who also used other drugs to get high," he said. "I deceived myself, my loved ones, my staff, my patients and friends by keeping it a secret. The shame and humiliation I've brought on my family, my practice and my staff is inexcusable ... I placed people I care deeply about in harm's way. I put them at risk as well as my dental license, reputation and liberty. I humbly apologize to those people I let down."
Wilson accepted the arguments given by the prosecutor and defense counsel and said the community control sanction is consistent with sentences for other first-time felony offenders in similar circumstances.
Wilson did impose a six-month mandatory driver's license suspension and said he is not inclined to grant limited privileges for work or other reasons. Koffer acknowledged that Wright does have two prior traffic convictions for reckless operation, which were reduced from initial charges of operating under the influence.
Wilson informed Wright that if his supervision is revoked, a prison term of 4.5 years would be imposed. He also prohibited Wright from contact with any individuals who assisted Wright in commission of the offenses.
"The no-contact provision does not apply to any members of your staff, (but) does apply to Holly Cupps, Darrin Hess, Michelle Campbell Russell, Richard Russell, Michelle Trefney, Jessamin Watson, (and) Jeremy Thomas," Wilson said.
Selvaggio said no other indictments are planned as a result of the case.
Breanne Parcels can be reached at bparcels@urbanacitizen.com
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